Johannesburg - The hate speech complaint against ANC Youth League president Julius Malema was referred to a High Court by the Equality Court on Thursday.

"I think we can safely accept that the High Court wields the bigger stick... I accept that," magistrate Alvin Chaitram said.

He said that although he was disheartened by the referral and was ready to set a trial date he would accede to the request.

He accepted concerns about geographic jurisdiction as the lyrics "shoot the boer" had been sung around the country.

However, he complained that AfriForum should have foreseen this before approaching the Equality Court in Johannesburg.

He said the process so far had been a waste of time, energy and the costs of senior counsel.

The lyrics would remain prohibited until it goes to a High Court.

It would be heard at the South Gauteng High Court in Johannesburg sitting as the Equality Court.

AfriForum had complained about Malema's singing of the lyrics at the University of Johannesburg earlier this year.

The High Courts in Pretoria and Johannesburg had already heard separate applications which put a temporary halt to the singing of the lyrics.

AfriForum was complaining that it was hate speech directed at Afrikaners and farmers and the matter came to a head after the murder of Afrikaner Weerstandsbeweging leader Eugene Terre'Blanche in April.